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MARIANO FUNTILAR,
MAGDALENA FUNTILAR, HEIRS OF FELIPE ROCETE and INTERMEDIATE APPELLATE COURT”
FACTS:
In 1972, Mariano Funtilar, Magdalena Funtilar and Heirs of Felipe Rocete applied for the registration of a
parcel of land. The land was part of the property originally belonging to Candida Fernandez whose ownership and
possession began sometime during her lifetime and extended until 1936 when she died. Present applicants are the
grandchildren of Candida. After Candida’s death, her real property was declared in the name of the “heirs of Candida
Fernandez”. Sometime in 1940 or 1941, the land was forfeited in favor of the government for failure to pay real
estate taxes. It was redeemed in 1942 by Vitaliano Aguirre, one of Candida’s children and administrator. The lot was
later partitioned and the disputed lot adjudicated in favor of the applicants and shortly thereafter declared their share
for taxation purposes. The Director of Lands, Director of Forest Development, Donansiano Pumaranda, Rafeal
Morales and spouses Dominador Lacson and Esperanza Lacson filed their oppositions. On Nov. 26, 1982, trial court
rendered declaring the applicants owners of the land. Government alone appealed with the IAC which later affirmed
the decision. Hence, this petition.
ISSUE: WON applicants failed to overthrow the presumption that the land is a public land?